Court interpreters – mediate language and law between cultures | Metaglossia: The Translation World | Scoop.it

The Federal Association of Interpreters and Translators (BDÜ) estimates the number of court interpreters working in Germany at around 20,000. For your job at the court, you not only need excellent language skills, but also legal knowledge and an understanding of the country-specific legal system. Because the work of the court interpreters involves the decision between acquittal and conviction. Even one mistransmitted word can be decisive here.

In order to be able to work successfully as a court interpreter, an interpreter must specialize. In addition to his languages ​​(working languages), he needs sound legal knowledge . He should also be very familiar with the legal system of the country in whose courts he is interpreting. It is equally important that the court interpreter has knowledge of the legal systems of the countries from which his clients come. As you can see, high demands are placed on court interpreters. We will take a closer look at them below – so that you know what is important when choosing the right court interpreter.

COURT INTERPRETER CARRIES A JOB TITLE WITH VERIFIED QUALITY

In order to ensure the quality of the work of the interpreters in court in Germany, an interpreter in this country is sworn in before he can interpret in court. Depending on the federal state, they also have to pass special exams or prove that they are trained as court interpreters: For example, they successfully completed the law subject during their studies or continued their education on the job. Sometimes, especially when it comes to interpreting a particularly rare language or jobs outside of your own federal state, the interpreter is also sworn in directly before the hearing court .

A COURT INTERPRETER GUARANTEES THE RIGHT TO BE HEARD (§103 ABS. 1 GG)

A court interpreter is appointed whenever one of the parties to the court (plaintiff, defendant, applicant) does not speak the language of the court. The necessity of this and also the language to be interpreted are usually evident from the indictment or police interrogation records.

The presence of the court interpreter guarantees the unfamiliar party in court their constitutional right to the so-called legal hearing in Germany. According to Article 103 paragraph 1 of the German Basic Law (GG), this right, which is equivalent to a fundamental right (in contrast to a fundamental right), ensures that the statements of the parties in court are not only heard, but also valued in terms of content and taken into account in the decision-making process.

COURT INTERPRETERS MASTER THEIR LANGUAGES ​​AND THE LANGUAGE OF THE COURT

Accordingly, the court interpreter must be able to speak the language of the court on the one hand and the languages ​​of his clients on the other. During court hearings, he has to interpret everything that is said by everyone involved, including judges, public prosecutors, lawyers, notaries, plaintiffs, accused, witnesses and experts.

Since any information in court can be crucial for reaching a verdict, it is of the greatest advantage to use native speakers as court interpreters. In the Legal Tribune Online (LTO) Internet portal, judge Kathrin Seidel from the district court in Kiel says that correct voice transmission is important in court. Accordingly, it should not be that a defendant speaks for minutes and the court interpreter then only says that the defendant cannot remember. According to the judge, court interpreters must also translate nuances and should neither add nor omit anything. If native speakers are used as professional court interpreters, there is the highest probability that what is said will be interpreted correctly and completely. Then a native speaker has language knowledge in addition to pure language skills . In other words, he not only knows the vocabulary and its meaning, but is very familiar with its use.

The court room interpretation must hear and understand and interpret back and forth. This is exhausting and requires a high degree of fluency. Especially since it is different in this profession than with conference interpreters on the international stage: While they are replaced after a comparatively short assignment (usually twenty minutes) to recover, court hearings last for hours, days, weeks, months.

A COURT INTERPRETER MUST KNOW THE LAW OF THE LEGAL SYSTEMS OF HIS LANGUAGES

But the court interpreter does not get very far with language skills and LST culture alone. In order to interpret correctly and completely, he must also understand what is being dealt with in court. The court interpreter therefore needs legal knowledge. This, in turn, is made up of law and order as well as the legal system of the country in whose court the hearings are being held. Equally important is knowledge of the law, law and legal system of the country from which the clients come or in which they were socialized.

Since the subject of law is a broad field, many court interpreters have specialized within it, for example in specialist areas such as family law, labor law, asylum and residence law, criminal law.

COURT INTERPRETERS ARE OFTEN ALSO TRANSLATORS

In addition to pure interpreting, i.e. translating what is said during a hearing in court, there is also the translation of the associated paperwork: statements, minutes, expert opinions and more must be read, understood and translated by the court interpreter, because they are relevant to the hearing .

In addition, there are translation jobs that do not take place in court, i.e. without negotiations, such as translating indictments, penal or arrest warrants, contracts or powers of attorney, for example if authorities or institutions require a certified translation of the same.

COURT INTERPRETERS NEED COMMON SENSE AND NEED TO BE RESILIENT

So far, it has been about the high demands placed on court interpreters, which affect their professionalism as language mediators (interpreters and translators). But his human qualifications are just as important for this job: Because depending on the content of the negotiations, there are cases in court that do not leave the court interpreter indifferent and, in the worst case, even stress him. BDÜ President Johann J. Amkreutz describes the range of topics that can be dealt with in court as follows: “It is about civil disputes and criminal offences. The spectrum of topics ranges from theft to divorce and murder.” A court interpreter must be able to maintain a professional distance here.

COURT INTERPRETERS WORK AS PART OF A LEGAL SYSTEM

Court interpreters are bound by their oath or authorization to secrecy. In addition, they must always interpret carefully and faithfully and must neither interpret nor evaluate statements made by the court officials. Nevertheless, they have to find the right words when it comes to specific legal terms and an understanding of the law for which only one of the two “party languages” – the language of the court or the foreign language – has vocabulary or can understand.

The court interpreter must work loyally – to the court and to his clients. His work is based on trust: on the one hand, judges, public prosecutors and others have to trust the court interpreter because they don’t speak the foreign language. On the other hand, the foreign-language client who does not know the language of the court must trust. Only in this way can the court interpreter become a guarantor of the fairness that court hearings should offer to all parties involved. You can get a good idea of ​​the qualifications that a court interpreter should have thanks to what is prescribed.

Do you need a court interpreter or a sworn interpreter? Our experienced native speaker interpreters translate into all languages ​​for you.